Asserting jurisdiction : international and European legal perspectives /

Asserting jurisdiction : international and European legal perspectives / edited by Patrick Capps, Malcolm Evans and Stratos Konstadinidis. - xxix, 313 pages ; 24 cm

Includes bibliographical references and index.

Introduction / Theoretical Approaches to the Assertion of Jurisdiction -- Jurisdiction: The State / New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law / The Exercise of Jurisdiction in Private International Law / Approaches to the Assertion of Jurisdiction by Political Bodies -- National Law, International Law and EU Law - How Do They Relate? / The Member States' Competence and Jurisdiction under the EU/EC Treaties / Competition Law in a Globalised Marketplace: Beyond Jurisdiction / The Jurisdiction of the Security Council: Original Intention and New World Order(s) / Jurisdiction, NATO and the Kosovo Conflict / Approaches to the Assertion of Jurisdiction by Adjudicative Bodies -- Approaches of Domestic Courts to the Assertion of International Jurisdiction / Assertion of Jurisdiction by the International Court of Justice / Approaches to the Assertion of International Jurisdiction: The Human Rights Committee / Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea / Activism and Restraint in the European Court of Justice / The Assertion of Jurisdiction by the European Court of Justice / Patrick Capps, Malcolm Evans and Stratos Konstadinidis -- Frank Berman -- Iain Scobbie -- Jonathan Hill -- Trevor Hartley -- Stephen Hyett -- Brenda Sufrin -- Colin Warbrick -- Christopher Greenwood -- Hazel Fox -- Abdul G. Koroma -- Dominic McGoldrick -- Alan Boyle -- Stephen Weatherill -- John Usher. I. 1. 2. 3. II. 4. 5. 6. 7. 8. III. 9. 10. 11. 12. 13. 14.

"The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects, positive or negative, of extending, restraining or creating a particular jurisdictional competence on those subject to its jurisdiction, other actors and the rule of law itself? Examples of the institutions covered in this book are the Security Council, the European Court of Justice, NATO, the International Court of Justice and the State."--BOOK JACKET.

1841133051 9781841133058


Jurisdiction
Jurisdiction--Europe

341.4

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